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California Expands Law Prohibiting Discrimination Based on Genetic Information
The California Fair Employment and Housing Act and Unruh Civil Rights act were recently expanded by California Senate Bill 559 to prohibit discrimination based on genetic information. The FEHA and Unruh Civil Rights Act now also prohibit employers from seeking information regarding: 1. An individual’s genetic tests; 2. Genetic tests of the individual’s family members;…
Read MoreOutlook for 2013: The New Year
I have been reading Sam Walton Made in America My Story by Sam Walton with John Huey. David Glass is quoted at page 39 as follows: “Two things about Sam Walton distinguish him from almost everyone else I know. First, he gets up every day bound and determined to improve something. Second, he is less…
Read MoreAge Discrimination in Employment Act of 1967 (ADEA)
The law applies to employers with 20 or more employees. An employee who is at least 40 years old is in a protected class and can bring an age discrimination claim if an employer took an adverse employment action against that person based on their age. Age discrimination against younger workers in favor of older…
Read MoreSeverance Agreement Tax and ERSA Pitfalls
Just read Separation Agreements: Breaking Up Is Hard To Do by Daniel R. Brice and Jonathan M. Cerrito the Tax and ERISA compliance pitfalls of servance agreements.
Read MoreA Severance Agreement Must Have Consideration To Be Enforceable
What is the consideration for the severance pay agreement? If the employee is already entitled to everything that is in the severance pay agreement there is no consideration and there is no reason for a terminated employee to sign the release of all claims. If the employer wants the release agreement to be valid there…
Read MoreI was handed a severance agreement as I walked out the door. Now what?
Should you sign the release and waiver of all claims or not? Employers who offer a severance agreement with a release of all claims, generally want to get the release signed. The reason for this is that the release language in a severance agreement concludes the employment relationship and makes sure there is not going…
Read MoreRetaliation
Retaliation is illegal
Read MoreSurvey Says: Cell Phone Use is Biggest Safety Risk on the Road
The California Office of Traffic Safety recently released the results of a survey. According to the results of the survey, the three biggest safety problems on our roadways are (1) Talking on the cell phone, (2) Texting on the cell phone, and (3) Speeding and aggressive driving. The survey results show that talking on the cell…
Read MoreBicyclist Kills Pedestrian, Pleads Not Guilty
On July 15, 2008, a bicyclist traveling northbound through the intersection of The Embarcadero and Mission Street ran a red light and struck and killed a pedestrian. The victim, Dionette Cherney, was visiting from Washington, D.C. She had the right of way and was crossing . She died of head injuries a month later. The…
Read MoreVoters Pass Bond Measure To Repair SF Streets
On November 8th, San Franciscans passed a bond measure to repair the streets of San Francisco. The bond measure will inject $248 million to repair both streets and sidewalks throughout the city. According to an article in the SF Examiner, “The $248 million bond measure includes $148 million for street repaving, $50 million for…
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